JUDGMENT OF THE COURT
This is an interlocutory appeal arising from the ruling and order of Omollo, J dated 12th February 2016 by which the learned judge dismissed the appellants’ application for injunction to restrain the respondent from transferring, alienating or evicting the appellants from the parcel of land known as Plot No. Kwale/Kiwegu/Jego/15 (the suit property). The brief background to the application before the High Court is as follows.
At all material times the respondent, George Gatheca Kinyanjui, was the registered proprietor of the suit property under the Registered Land Act, Cap 300 (repealed). On 28th August 2015 the 23 appellants took out an Originating Summons (OS) in the High Court praying for, among others, a declaration that the respondent’s title to the suit property had become extinguished and that they had acquired title thereto by adverse possession under section 17 of the Limitation of Actions Act, cap 28.
In support of the summons, the 1st appellant, Mwamunga …